CANADIAN RAILWAY OFFICE OF ARBITRATION

CASE NO. 2081

Heard at Montreal, Tuesday, 11 December 1990

concerning

CANADIAN PACIFIC LIMITED

and

TRANSPORTATION COMMUNICATIONS UNION

DISPUTE:

Loss of earnings incurred by Mr. Réjean Trottier while he was trying to establish himself on a permanent position in accordance with Article 25.2 of the Collective Agreement and the agreement on the consolidation of seniority lists dated 14 April 1989.

JOINT STATEMENT OF ISSUE:

During the week of February 19 to 26, 1990 inclusive, Mr. R. Trottier tried to establish himself on a permanent position in three (3) different departments or services as follows:

February 20 and 21 Investigation Services

February 22 Intermodal

February 23 and 26 Building Services

The Union maintains that Mr. Trottier should not be subject to loss of earnings given that he complied with the requirements of the employer and of the Collective Agreement concerning displacements. The Union claims one day's wages each for February 23 and February 26 from Building Services.

The Employer has refused payment.

FOR THE UNION: FOR THE COMPANY:

(SGD.) C. PINARD (SGD.) J. A. EDGE

for: GENERAL CHAIRMAN MANAGER, FACILITY OPERATIONS

There appeared on behalf of the Company:

P. Pannitti Recruitment Specialist, Industrial Relations, Montreal

J. L. Durand Assistant Manager, Building Services, Montreal

R. Laroche Inspector, Personnel, Investigation Services, Montreal

D. J. David Labour Relations Officer, Industrial Relations, Montreal

And on behalf of the Union:

C. Pinard General Secretary/Treasurer, Vice-General Chairman, Montreal

J. Manchip General Chairman, Montreal

D. J. Bujold National Secretary/Treasurer, Ottawa

R. Trottier Grievor

AWARD OF THE ARBITRATOR

For the reasons given in CROA 2080, this grievance must be dismissed.

December 14, 1990 (Sgd.) MICHEL G. PICHER

ARBITRATOR